Now for the “legal” stuff.
Please read these Terms. Your use of the Services represents your agreement to these Terms.
These Terms are between you and Pasito, Inc. (“we,” “our” and “us”) concerning your use of the services currently delivered via joinpasito.com (and any successor sites), our web and mobile applications, workshops, other communications and third party integrations (together, the “Services”).
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW. Please read all capitalized provisions carefully as they contain important disclaimers of warranties and limitations on liability.
- Acceptance of Terms. The Services are made available by us in accordance with these Terms. We reserve the right to make changes to these Terms in our sole discretion. We may provide the changes to you by any reasonable means, including by posting the updated Terms on joinpasito.com. You can determine when these Terms were last changed by referring to the “Last Updated” legend at the top of these Terms. Your access to or use of the Services after such posting or other notification of changes represents your agreement to the changes. Any changes to these Terms will not apply to any dispute between you and us that arose prior to the date of such posting or notification.
Some of the Services may be subject to additional terms and conditions, which are posted or made available separately from these Terms (“Additional Terms”). Your use of the Services may also be subject to additional policies, guidelines or rules we also post or make available. Such Additional Terms policies, guidelines and rules are incorporated in and form a part of these Terms. If there is a conflict between these Terms and the Additional Terms, the Additional Terms will control to the extent the conflict arises out of the Services to which the Additional Terms is related directly.
We reserve the right at any time to modify, suspend or discontinue any of the Services, with or without notice; modify and/or waive any fees charged in connection with the Services; and/or offer opportunities to some or all users of the Services. Neither we nor any of our affiliates will be liable to you or any third party for any modification, suspension or discontinuance of the Services.
You may not use the Services and you may not accept these Terms if you are not of legal age to form a binding contract with us, which is 18 years of age in most states.
- Description of the Services. We may provide you a number of Services, including tips on how to build your personalized financial plan and ways to save on taxes or grow wealth, education on health insurance, timely reminders to tackle items on health checklist, and suggestions on how to provide financial security for loved ones (for example, life insurance information). However, we do not make recommendations regarding the purchase, sale or valuation of securities or any analyses or reports concerning securities. We further do not provide legal or tax advice. You should consult a professional investment adviser or other financial advisor if you are looking for guidance on how to invest your money. You should also consult a legal advisor for any legal advice.
- Accuracy of Information. We attempt to ensure that information provided to you in connection with the Services is accurate, complete and current at the time it is created. Despite our efforts, information may be inaccurate, incomplete or out of date. We make no representation about such information, including its accuracy, completeness or whether it is up to date. We try to select information and tips that we think may be relevant to you based on our actual knowledge of the information you provide to us. Incomplete and inaccurate information provided by you and other data suppliers, out of date information, and any information we do not know will adversely affect our ability to provide information and tips relevant to you. In no event will we be liable to you for loss or damage resulting from inaccurate, incomplete or out of date information.
- Registration; User Names and Passwords. You may need to register with us in order to access the Services. We may not provide you, and you may not use, a user name or e-mail address that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we do not accept for any other reason. Your user name and password are for your personal use only, and not for use by any other person. We reserve the right to terminate Services to you if your user name and password are used by persons not living in your household. You are responsible for safeguarding your user name and password, and agree not to transfer or lend them to anyone else. You are responsible for all interaction with the Services that occurs with your user name or password. You agree to immediately notify us of any unauthorized use of your user name or password or any other breach of security related to your account or the Services, and to ensure that you log out from your account (if applicable) at the end of each session. We are not liable for any loss or damage arising from you not complying with any of your obligations in this paragraph.
- General Practices Regarding Use and Storage. You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on our servers on your behalf. You agree that we have no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
- Consent to Transact Business Electronically. Because our platform operates on the Internet, you consent to transact business with us electronically. You agree that we may provide notices to you by electronic means, for example, by posting it on our website, sending you an in-app message, emailing it to an email address that you have provided us, mailing it to any postal address that you have provided us, or by sending it as a text message to any mobile phone number that you have provided us (subject to your consent to receiving such texts). All notices by any of these methods will be deemed received by you no later than the earlier of when received or 24 hours after sent or posted, except for notice by postal mail, which will be deemed received by you no later than the earlier of when received or 3 business days after it is mailed.
- Mobile Device Application. We may make the Services available via a mobile device, including (i) the ability to upload content to the Services via a mobile device, (ii) the ability to browse the Services from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Mobile Services, you are responsible for any requirements of our mobile applications, including any updates and fees. Your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. You are responsible for compliance with the terms of your agreement with your mobile device and telecommunications providers.
- Your Consent to Receive Text Messages. We offer tips, nudges and other helpful information about the Services through texts. To receive these notifications, you consent to receive SMS messages (including text messages), calls and messages from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific numbers you have provided to us, or numbers we can reasonably associate with your account (through skip trace, caller ID capture or other means), with information or questions relating to you, your account or our Services. You acknowledge and agree that standard call, message and data rates apply. You certify, warrant and represent that the telephone number you have provided to us is your contact number and not someone else’s. You represent that you are permitted to receive calls and text messages at the telephone number you have provided to us. You agree to promptly alert us whenever you stop using a telephone number. Consent to receive SMS/text messages is not required as a condition of using the Services. To unsubscribe from text messages at any time, follow the unsubscription instructions in any text message you receive from us. You consent that following such a request to unsubscribe, you may receive one final text message from us confirming your request and/or providing an alternative to access your account.
- Profiles and Forums. We may provide you with the ability to post certain information and materials on your profile page (your “Profile”). We may also make available features (for example, message boards, forums, blogs, chat functionality, messaging functionality and comment functionality) to which you are able to post information and materials (each, a “Forum”). Information contained in the Profiles and Forums may be provided by our employees as well as users of the Services and third parties. Please note that users of the Services and third parties may post messages or make statements in the Profiles and Forums that are inaccurate, misleading or deceptive. We and our shareholders, directors, officers, employees, agents, representatives and affiliates (collectively, the “Released Parties”) do not endorse and are not responsible for any opinion, advice, information or statements made in the Profiles and Forums. The Released Parties are not responsible for any information or materials made available through the Profiles and Forums or results obtained using any such information or materials. The Released Parties are not liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed in the Profiles and Forums reflect only the opinions of the persons who submitted such opinions and do not reflect our opinions. In addition, the Released Parties have no control over, and will have no liability for, any damages resulting from the use or misuse by any person of information in a Profile or Forum or any other part of the Services. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION AVAILABLE IN A PROFILE OR A FORUM OR OTHERWISE THROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK.
- License. You grant us and our service providers and designees a worldwide, non-exclusive, unrestricted, transferable, sublicenseable (through multiple tiers), royalty-free, perpetual, irrevocable right and license, without compensation to you, to use, reproduce, distribute, adapt (including edit, modify, translate and reformat), process, create derivative and collective works from, transmit, transfer, display, perform, publish, host, store or otherwise use in any way any information, content and/or materials you submit through a Profile or Forum (each, a “Submission”) in any media or manner, for any purpose and in any form or distribution now known or later developed. By making available in a Profile or a Forum your personally identifiable information, you are deemed to have given the Released Parties express consent to use such information in accordance with the terms of this Section 12.
For each Submission made by you, you represent and warrant that you have all rights necessary for you to provide the licenses granted in this Section 12, and that each Submission complies with applicable law. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under applicable law under any legal theory. We request this waiver to help ensure that we have all the rights we may need to provide the Services.
- Monitoring. We reserve the right, but have no obligation, to do any of the following: (a) monitor Submissions; (b) alter, remove, or refuse to post any Submission; and/or (c) disclose any Submissions, and the circumstances surrounding their transmission, to any third party in order to provide the Services; to protect us and the Released Parties and the Services’ users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose.
- Our Proprietary Rights. The information and materials made available through or related to the Services are and will remain our property or the property of our licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. You may view one copy of any content to which we provide you access on any single computer or mobile device for your personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices. You agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services, or access to the Services. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by us from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services other than as specifically authorized by these Terms is strictly prohibited. The technology and software underlying the Services are the property of us, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted in these Terms are reserved by us.
Our trade names, trademarks and service marks include Pasito, JoinPasito, PasitoApp, Pasito Finance and any associated logos. All trademarks and service marks displayed in connection with the Services not owned by us are the property of their respective owners. No license or right is granted to use any of our trade names, trademarks or service marks.
Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to us. Nothing in these Terms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of our trademarks will inure to our exclusive benefit.
- Links. The Services may provide links to other web sites and online resources. Because we have no control over such sites and resources, the Released Parties are not responsible for the availability of such sites or resources and neither endorse nor are responsible or liable for any content, advertising, products or other materials on or available through such sites or resources. Other web sites may provide links to the Services with or without our authorization. The Released Parties do not endorse such sites and are not and will not be responsible or liable for any links from such sites to the Services, any content, advertising, products or other materials available on or through such sites, or any loss or damages incurred in connection with such sites. We have the right to block links to the Services through technological or other means without prior notice.
- Services not legal, tax, investment, financial, credit or insurance advice. WE ARE NOT AN INSURANCE UNDERWRITER, INVESTMENT ADVISER, BROKER, DEALER, OR A FINANCIAL, TAX OR LEGAL ADVISOR. THE SERVICES ARE NOT INTENDED TO PROVIDE CREDIT, INSURANCE, INVESTMENT, LEGAL, TAX OR FINANCIAL OR INVESTMENT ADVICE. The Services are intended only to assist you in managing your finances by providing relevant information and tips which are broad in scope and based on a finite set of data about you. Information and tips presented are based on certain assumptions and the data we have considered. We do not make recommendations regarding the purchase, sale or valuation of securities or any analyses or reports concerning securities. Our services are educational and general in nature based on commonly understood and accepted financial principles. Your personal financial situation is unique and dependent on many circumstances and factors, and any information and tips obtained through the Services may not be appropriate for your situation. Accordingly, before you make any final decisions or implement any financial strategy, you should consider obtaining additional information and advice from your attorney, accountant, investment adviser or other financial advisors who are fully aware of your individual circumstances. THE SERVICES ARE NOT A REPLACEMENT FOR PROFESSIONAL ADVICE FROM YOUR ACCOUNTANT, LAWYER, INVESTMENT ADVISER OR OTHER FINANCIAL ADVISORS.
- Third Party Providers of Products or Services. We do not endorse any particular financial institutions or third party products or services (financial or non-financial) that may be presented as an option for you to consider. You should rely on your own judgment and the advice of your accountant and other financial advisors in deciding which financial product or service best suits your needs and financial means. We are not an agent or affiliate of any financial institution or any third party providing such non-financial services or products. If you ultimately obtain a product or service from a third party (including a financial institution) presented as an option when using the Services, the third party vendor is solely responsible for its products and services provided to you, and you agree that we are not liable for any claims, losses, damages, liabilities, penalties, fines, costs and expenses arising out of or in any way related to such third party products and services.
- Disclaimer of Warranties. THE SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING IMPLIED WARRANTIES, OTHER THAN THOSE EXPRESSLY PROVIDED IN THESE TERMS. YOU AGREE THAT YOU MUST EVALUATE ANY INFORMATION AND TIPS WE PROVIDE YOU ON YOUR OWN, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH ANY FINAL DECISIONS YOU MAKE IN USING THE SERVICES, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION AND MATERIALS AVAILABLE THROUGH THE SERVICES. THE RELEASED PARTIES DISCLAIM ALL WARRANTIES WITH RESPECT TO (A) THE SERVICES, EXCEPT THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS, AND (B) ANY PRODUCT OR SERVICE (INCLUDING THIRD PARTY PRODUCTS AND SERVICES) YOU OBTAIN, ALL TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY, ACCURACY, NONINFRINGEMENT, TITLE, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE.
WE MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
NO INFORMATION, TIP OR OPTION PRESENTED BY US OR OBTAINED BY YOU FROM THE SERVICES WILL CREATE ANY WARRANTY REGARDING US OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU MAKE ALL FINAL DECISIONS REALTING TO THE SERVICES AND THE FINANCIAL PRODUCTS AND SERVICES YOU ULTIMATELY OBTAIN AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ALL RISK FOR ANY LOSS, DAMAGE AND LIABILITY THAT MAY RESULT FROM YOUR DECISIONS.
YOU ACKNOWLEDGE THAT WE ARE NOT AN INTERMEDIARY BETWEEN YOU AND ANY PRODUCT OR SERVICE PROVIDER (INCLUDING ANY FINANCIAL INSTITUTION) THAT MAY BE PRESENTED WHEN USING THE SERVICES. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY PRODUCT OR SERVICE YOU MAY ULTIMATELY OBTAIN FROM ANY SUCH PRODUCT OR SERVICE PROVIDER (INCLUDING ANY FINANCIAL INSTITUTION).
NOTHING IN THIS SECTION AFFECTS WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.
- LIMITATION OF LIABILITY. THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. THE RELEASED PARTIES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR FROM ANY CONTENT POSTED IN CONNECTION WITH THE SERVICES BY US OR ANY THIRD PARTY. THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS, USE OR DISCLOSURE OF ANY INFORMATION RELATING TO YOU HELD, MAINTAINED OR UNDER THE CONTROL OF ANY THIRD PARTY, INCLUDING ANY SECURITY BREACH RELATING TO INFORMATION ABOUT YOU EXPERIENCED BY A THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. OUR MAXIMUM LIABILITY FOR ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, PENALTIES, FINES, COSTS, EXPENSES, CAUSES OF ACTION AND SETTLEMENTS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SERVICES OR $5, WHICHEVER IS GREATER. While we try to maintain the integrity and security of the Services, we do not guarantee that the Services will be or remain secure, complete or correct, or that access to the Services will be uninterrupted. Third parties may intrude and make unauthorized alterations to the Services and were not responsible for these alterations. If you become aware of any unauthorized third party alteration to the Services, contact us at [email protected] with a description of the issue and the URL or location within the Services where the issue appears.
- Indemnity. You agree to defend, indemnify and hold harmless the Released Parties from and against all claims, losses, damages, liabilities, penalties, fines, costs and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Services; (b) any violation of these Terms by you or (c) your violation of another’s rights. However, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses to the extent they result solely from gross negligence or bad faith of a Released Party. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
- Rules of Conduct. You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (“upload”) or email or otherwise use via the Services and Forum. The following are examples of the kind of content and/or use that is illegal or prohibited by us. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending content from the Services or Forum, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Services and the Forum to:
- email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose us or our other customers to any harm or liability of any type;
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- violate any applicable local, state, national or international law, or any regulations having the force of law;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- solicit personal information from anyone under the age of 18;
- harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.
You also agree that you are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment and services needed to access and use the Services, and paying all related charges.
- Term and Termination.
- Term. These Terms are effective until terminated.
- Termination or Deactivation by Us. We, in our sole discretion, may limit or terminate your access to or use of the Services, at any time and for any reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon termination, your right to use the Services will immediately cease. Any limitation or termination of your access to or use of the Services may be effected without prior notice, and we may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. The Released Parties will not be liable to you or any third party for any termination of your access to the Services or to any such information or files, and will not be required to make such information or files available to you after termination.
- Terminating Your Account. You may terminate your account with us at any time by following the instructions provided in joinpasito.com or contacting us at [email protected]. Your instructions will become effective in one business day or such longer period as will be commercially reasonable under the circumstances for us to act on your instructions. We will retain (a) your name and email address, the “nudges” presented to you, and (b) your profile information and any other information about you or provided by you, including other identifiers (for example, registration dates, IP address). We may anonymize and aggregate your information with other anonymized data to help us provide, optimize, improve, promote or market our products and services, create new products and services, or conduct or further our business.
- Effect of Termination. Upon termination of these Terms, you remain obligated to pay any outstanding fees relating to your use of the Services that were incurred prior to termination. If we suspend or terminate your account due to unpaid fees, in addition to the amount due for your membership plan, we may charge you fees that are incidental to any chargeback or collection of any unpaid amount, including collection fees. The following sections of these Terms will survive termination of these Terms: 4-6, 11-15, and 18-29. Either party’s termination of these Terms is without prejudice to any other remedies it may have at law or in equity, and does not relieve either party of liability for breaches occurring prior to the effective date of termination. Neither party will be liable to the other for damages arising solely as a result of terminating these Terms.
- Governing Law. These Terms are governed by and will be construed in accordance with the laws of the the State of New York without regard to its principles of conflicts of law, and regardless of your location.
- Agreement to Arbitrate. Please read this section carefully as it affects your rights. This section is referred to as “Arbitration Agreement.”
- Agreement to Arbitrate. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, WHETHER BASED IN CONTRACT, TORT STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND WE AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitrator’s decision will follow these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction. Nothing in the Arbitration Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
- Pre-Arbitration Dispute Resolution. We are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at [email protected]. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Company should be sent to One Grand Central Place, 60 East 42nd Street, Suite 2300, New York, NY 10165 (“Notice Address”), with a copy to [email protected]. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If you and us do not resolve the claim within sixty (60) calendar days after the Notice is received, you or us may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by us or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we is entitled.
- Arbitration Procedures. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (currently available at https://adr.org/Rules). If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
The arbitration may be conducted solely on the basis of documents submitted to the arbitrator. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator.
- Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
- Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
- Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the provisions prohibiting class and representative actions and non-individualized relief in Section 24.1) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions prohibiting class and representative actions and non-individualized relif in Section 24.1 are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms will continue to apply.
- Future Changes to to Arbitration Agreement. If we make any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
- Jurisdictional Issues. The Services are hosted by us from the United States, and are not intended to subject us to the laws or jurisdiction of any jurisdiction other than the United States. We do not represent or warrant that the Services are appropriate or available for use in any particular jurisdiction other than the United States. Those who choose to access the Services do so on their own initiative and at their own risk, and are responsible for complying with all foreign, federal, state, local and other laws. We may limit the availability of any Service to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
- Information or Complaints. If you have a question or complaint regarding the Services, please contact us at [email protected].
- Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available provided in connection with the Services infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent by by email to [email protected].
We suggest that you consult your legal advisor before filing a notice or counter-notice.
Confidentiality. In the course of providing the Services, we may disclose or make available to you information about our business. You acknowledge that all knowledge, information, and data provided by us to you with respect to our business, operations, and marketing of our or our partners’ products and services that is not generally known or publicly available, whether or not designated as “confidential,” is our confidential information and you will not use or disclose such confidential information to any third party without our prior written consent.
- Miscellaneous. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms without restriction. No waiver by either party of any breach or default of these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title of these Terms is inserted only as a matter of convenience, and in no way defines or explains any section or provision. These Terms, together with any Additional Terms and all policies, guidelines and rules incorporated by reference, represent the entire agreement between you and us relating to the subject matter of these Terms and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you may be made via posting to the Services, by e-mail, or by regular mail, in our discretion. It is your responsibility to promptly update us with your complete, accurate contact information, or change your information, including email address. You agree that a printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failures to fulfill any obligations due to causes beyond our control.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Pasito, Inc., One Grand Central Place, 60 East 42nd Street, Suite 2300, New York, NY 10165, (718) 577-1336.
Please contact us at [email protected] to report any violations of these Terms or to pose any questions regarding these Terms.